Woman gets 35 years for baby death

Appeal expected in shaking case

A Burr Ridge-area woman, whose conviction for killing a 14-month-old in her care followed the acquittal of two other shaken-baby defendants last year, was sentenced Thursday to 35 years in prison.

Jacquelyn Swart, 33, was convicted in March of the first-degree murder in 1999 of Alexandra Pirkins. Swart had cared for the infant for several months in her apartment in unincorporated DuPage County. Attorneys and the judge confirmed that Swart had rejected a plea offer before trial on a lesser charge.

"[Swart] snapped in an instant," said DuPage Circuit Judge Kathryn Creswell, who sentenced Swart. "This wasn't premeditated, but done by someone out of frustration."

Two similar trials last year had resulted in acquittals.

Mazna Baraz of Elmhurst was acquitted of the 1998 death of a 15-month-old Elmhurst child she was watching in her home, and Bruce Keintz was convicted of reckless conduct, but found not guilty of causing the 2001 death of his 1-month-old daughter.

Medical testimony played a large role in all of those trials.

"There are no winners today, but justice was done," said DuPage County State's Atty. Joseph Birkett. "These cases are extremely difficult to investigate and prosecute."

Swart was watching Alexandra when she became unresponsive and paramedics were called on June 21, 1999. She was taken to Hinsdale Hospital, then transferred to Advocate Christ Hospital in Oak Lawn, where she died a day later.

Doctors at both hospitals diagnosed shaken-baby syndrome, in which severe injuries or death results from violent shaking for even a short time.

An autopsy by the Cook County coroner's office ruled the death shaken-baby syndrome and determined Alexandra suffered head injuries from blunt force.

DuPage prosecutors conferred over the following year with medical experts, leading to the 2000 arrest of Swart on a murder charge. Swart denied having any knowledge of how the child was injured.

At the trial there was conflicting medical testimony, with expert witnesses for the prosecution claiming the fatal injuries had to have occurred when the child was in Swart's care. The defense's medical experts claimed the injuries could have been several days or weeks old.

Creswell said she accepts the premise that Alexandra's injury would have caused "immediate problems."

Todd Pirkins, Alexandra's father, said: "Alex had her day in court and justice was served. I hope this haunts [Swart] for the rest of her life."

Creswell said she had received a letter from a juror who convicted Swart stating that while the jury believed she was responsible for Alexandra's death, jurors probably would have considered a lesser crime if they had been offered it.

Before the jury began deliberating, Swart told Creswell that she didn't want the jury to consider the lesser charge of reckless homicide, claiming she was not guilty of all charges.

Assistant State's Atty. Jeffrey Kendall and defense attorney Brian Telander confirmed reports that before the trial, Swart had rejected a plea agreement of a 10-year sentence for reckless homicide.

Sentencing guidelines allowed Creswell to send Swart, who has no previous criminal record, to prison for 20 to 60 years.

Telander, who claimed the evidence against Swart was insufficient to convict her, said an appeal is planned.